Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act 1882 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882-Section 53-A-Agreement to sell-Part performance of contract-Claim for-Written agreement to sell-Necessity of-Letters written by transferor agreeing to sell his part of the share in property-Letters not spelling out the terms of the agreement or time frame within which the sale deed was to be executed-High Court holding that the letters constitute a valid agreement to sell, allowing the claim for part- performance of contract-Validity of-Held, letters written by transferor could not be construed to be an agreement to sell within the meaning of Section 53- A of the Act-Order of the High Court set aside.The issue involved in the present appeal is whether a proposed vendee could protect his possession of an immovable property on the plea of part performance under Section 53-A of the Transfer of Property Act, 1882 on the basis of an oral agreement. Plaintiff-appellants were owners of the property in dispute. They had permitted the predecessor-in-interest of respondent to occupy the suit property as a licensee. When respondent failed to vacate the property, the appellants filed a suit for possession of the property and for recovery of mesne profit. Respondent resisted the suit contending that appellant No. 1 wrote several letters agreeing to sell his half share of property had also received certain sale consideration. Thus, they claimed protection under section 53-A of T.P. Act and also alternatively claimed title by adverse possession. Trial Court held that the respondents have perfected the title to the property in dispute by way of adverse possession to the extent of half share of appellant No. 1 and dismissed the suit to that extent. However, on appeal the First Appellate Court decreed the suit of appellants for possession of entire property in dispute alongwith mesne profits. On second appeal, High Court held that respondents were entitled to protect the possession under section 53-A of the Act. Hence the present appeal by plaintiff. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2002 INSC 54 |
Petitioner | Mool Chand Bakhru And Anr. |
Respondent | Rohan And Ors. |
SCR | [2002] 1 S.C.R. 702 |
Judgement Date | 2002-01-29 |
Case Number | 5920 |
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